UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6871

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

EPHRAIM VANDORIAN STANCIL,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Rockingham. Richard C. Erwin, Senior District Judge. (CR-89-237-R, CA-95-625-3)

Submitted: December 12, 1996 Decided: December 19, 1996

Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ephraim Vandorian Stancil, Appellant Pro Se. Richard Stanley Glaser, Jr., Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant seeks to appeal the district court's order denying

his motion filed under

(1994), amended by Anti- terrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132,

. We have reviewed the record and the district

court's opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. United States v. Stancil, Nos. CR-89-237-R; CA-

95-625-3 (M.D.N.C. May 20, 1996). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the deci- sional process.

DISMISSED

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